Eaglesmith et al v. Ray et al

Filing 158

STIPULATION and ORDER signed by Judge John A. Mendez on 7/12/12 ORDERING that Dr. Matt Gould is directed to produce the tests and test results to the parties' attorneys. (Kastilahn, A)

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DAN SIEGEL, SBN 56400
PETER HABERFELD, SBN 41723
MICHAEL SIEGEL, SBN 269439
SIEGEL & YEE
499 14th Street, Suite 220
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
JERALD CLINTON (J.C.) EAGLESMITH,
RAMONA EAGLESMITH,
EILEEN COX, and BRUCE BARNES

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERALD CLINTON (J.C.) EAGLESMITH, ) Case No. 2:11-CV-00098-JAM-JFM
RAMONA EAGLESMITH, EILEEN COX, )
and BRUCE BARNES,
) STIPULATION AND ORDER TO
) PRODUCE INDEPENDENT MEDICAL
Plaintiffs,
) EXAMINER TESTS AND TEST RESULTS
vs.
) TO PARTIES, PURSUANT TO
) FED.R.CIV.P. 35(b)(1) and (5)
JEFF RAY, as an individual, SUE
)
SEGURA, as an individual, and BOARD )
OF TRUSTEES OF PLUMAS COUNTY
)
OFFICE OF EDUCATION/ PLUMAS
)
COUNTY UNIFIED SCHOOL DISTRICT, )
)
Defendants.
)
Plaintiffs J.C. Eaglesmith, Eileen Cox and Bruce Barnes allege in their Complaint

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that defendants’ conduct caused them emotional distress. Because they thereby placed

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their mental condition at issue, they agreed to submit to an independent medical

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examination by defendants’ expert Dr. Matt Gould. In the course of examining each

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plaintiff, Dr. Gould conducted various psychological tests, and enlisted Dr. Bronson to
analyze the results.
Plaintiffs have requested that defendants produce the tests and test results in
Eaglesmith v. Ray, Case No. 2:11-cv-00098-JAM-JFM
Stipulation and Proposed Order to Produce IME tests and test results to parties- 1

PDF created with pdfFactory trial version www.pdffactory.com

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order that plaintiffs can prepare cross examination of Dr. Gould and any other

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defendant expert that relies on those tests and test results. According to defendant’s

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attorneys, Dr. Gould believes that the ethical rules of the American Psychiatric
Association preclude him from sharing “the test and raw data results” with anyone other
than a licensed clinical psychologist or psychiatrist.
On July 27, 2011, the parties entered a Stipulation for Protective Order (Dkt. No.
47). The Court signed the Order on July 29, 2011.
Fed.R.Civ.P. 35(b)(1) entitles the person examined to be provided with a copy of
the medical examiner’s written report and requires that the report include “in detail* * *

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the results of any tests.” Rule35(b)(5) grants to the Court the authority to order on

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motion that the party deliver the report, as defined by Rule 35(b)(1), and “[i]f the report

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is not provided, the court may exclude the examiner’s testimony at trial.”

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Therefore, plaintiffs and defendants hereby stipulate that the Court enter an
Order that directs Dr. Matt Gould to produce the tests and test results to the parties’
attorneys.

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Dated: July 6, 2012

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SIEGEL & YEE

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By: /s/Peter Haberfeld
Peter Haberfeld

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Attorneys for Plaintiffs

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Dated: _____________

STUBBS & LEONE
By: /s/ Brian Duus
Brian Duus
Attorneys for Defendants

Eaglesmith v. Ray, Case No. 2:11-cv-00098-JAM-JFM
Stipulation and Proposed Order to Produce IME tests and test results to parties- 2
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SO ORDERED
Dated: 7/12/2012
/s/ John A. Mendez_____
Hon. John A. Mendez
U. S. District Court Judge

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Eaglesmith v. Ray, Case No. 2:11-cv-00098-JAM-JFM
Stipulation and Proposed Order to Produce IME tests and test results to parties- 3
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